Uzbekistan announces constitutional reform referendum

TASHKENT, Uzbekistan, March 15, 2023 /PRNewswire/ -- The Parliament of Uzbekistan (Oliy Majlis) has announced its approval of a series of amendments to the country's constitution. These reforms will now be put to the country in a referendum, set for 30 April, for final approval directly by Uzbekistan's citizens.

Under the proposed reforms, the constitution will commit the country to a greater protection of human rights, fair and open democratic values, and equality within Uzbekistan's diverse multi-faith and multi-ethnic population. The constitutional amendments are further designed to enshrine the principles of the rule of law, democratic representation, the separation of powers, and a strengthened civil society. In addition, the reforms support economic development in a secure investment and entrepreneurial environment, and establish important environmental protections.

Jakhongir Shirinov, chairman of the Legislative Chamber Committee responsible for the constitutional reforms, said:

"These constitutional amendments represent a transformation of the new Uzbekistan, guaranteeing a modern democratic state that prioritises every person's individual rights and freedoms. Where once the state came first, now the citizen comes first – a profound shift from our recent history. We believe that every citizen of Uzbekistan will be able to say with pride and confidence: 'This is my Constitution.'"

To that end, within the framework of the national discussion, more than 220,000 proposals were received.  One fourth of them are reflected in the bill. In particular, at the suggestion of citizens, a norm has been established according to which the state ensures the development of a continuous education system comprising various types and forms, including state and non-state educational organizations.

The most important priority of the reform process was strengthening guarantees covering the basic personal rights and freedoms of the country's citizens. To this end, the reforms would establish that human rights and freedoms belong to everyone from birth, including freedom of speech, media, and assembly. For the first time, the constitution will stipulate that human rights and freedoms may be restricted only in accordance with the law, and only to the extent necessary in order to protect the constitutional order, the health and morals of the people, and the rights and freedoms of others, while ensuring public safety and public order. The constitution would also enshrine the principle of habeas corpus.

This priority is supported by the establishment of Uzbekistan as a sovereign, democratic, legal, social and secular state. For the first time in the country's history, the constitution will establish that the basic law holds the country's highest legal force and creates a single legal space throughout the country.

At an economic level, the constitutional amendments are designed to support fair competition, the protection of private property, and the development of a favourable investment and business climate. The Government is made responsible for ensuring sustainable economic growth, macroeconomic stability, and the implementation of measures to reduce poverty, create decent living conditions, and ensure food security.

The constitution also recognises the importance of protecting the environment, including the vulnerable Aral Sea, and the country's natural resources. The state is constitutionally committed to sustainable development, addressing climate change, restoring and protecting the environment and ecological systems – including strengthened urban planning regulations with compulsory public hearings and working to combat epidemics and pandemics.

The extent of the reforms can be measured in numbers: There are 155 articles in the proposed new constitution, compared with 128 in the current document;  434 norms compared with 275 currently; and the number of specific provisions on human rights and freedoms has more than tripled. Sixty-five percent of the existing Constitution has been changed. Taken together, the figures demonstrate that the document is not merely an amended constitution, but is in fact a renewed Constitution.

In this regard, the changes represent a reset of the country's political system with previous executive terms in office of some state officials not counting towards newly established term limits. Presidential terms will also be extended from five to seven years.

On Monday (March 13), the Constitutional Court of Uzbekistan ruled that the decision by the Legislative Chamber to hold a referendum was in constitutional compliance.

These amendments have been developed and drafted in line with a range of international laws, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. Examples from other countries' constitutions and amendment processes from around the world have also been used as guides to best practice. For instance, a provision allowing citizens to petition the parliament for legislative change is borrowed from Swiss practiсe.